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(영문) 대구지방법원 경주지원 2017.05.31 2017고단99
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2017, the Defendant: (a) obstructed the business of the victim C at around 00:50 on a racing-si (hereinafter “D cafeteria”); (b) obstructed the Defendant, by drinking alcohol and drinking alcohol; (c) obstructed other customers by drinking alcohol; and (d) allowed other customers to take a bath at the entrance of the entrance; and (c) obstructed other customers by continuously blocking the passage.

Accordingly, the Defendant interfered with the restaurant business of the victimized person.

2. On January 27, 2017, at around 01:00, the Defendant: (a) heard the victim’s desire to refrain from disturbing the performance of official duties; (b) the victim’s face was humping at one time; (c) the victim’s body was defective to arrest the Defendant as a flagrant offender in the performance of official duties; and (d) the victim’s body was humping with drinking, who was dispatched to the scene after receiving a report 112, and was called from the police officer of the Police Station, who belongs to the police box of the Police Station, to stop the act of disturbance; and (c) the victim’s face was humping at one time.

As a result, the defendant interfered with the police officer's report processing and maintenance of order, legitimate execution of duties concerning the arrest of flagrant offenders, and at the same time, the victim's treatment days cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to each police officer's superior photograph, E police box service, 112 report handling statement, opinion opinion, etc.;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant is a police officer who is performing his/her official duties.

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